Bhagirath Jana And ANR v. The State Of West Bengal

01.10.2024 SL No.57 Court No.29 (gc) (Allowed) CRM (A) 3531 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Criminal Procedure Code, 1973 read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Junput Coastal Police Station Case No.05 of 2024 dated 05.01.2024 under Sections 498A/304B/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. And In the matter of : Bhagirath Jana & Anr.

- Petitioners.

Mr. Anindya Sundar Chatterjee, ....For the Petitioners.

Mr. Binoy Kr. Panda, Ms. Purnima Ghosh ... For the State.

1. Heard the learned Counsel for the parties.

2. The petitioner no.1 is the father-in-law and the petitioner no.2 is the mother-in-law of the victim. It is submitted that they are innocent.

3. The learned Counsel for the state in opposing the prayer has referred to the statement of the neighbours and the parents of the victim.

4. Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of the alleged offence and having regard to the fact that the allegations against the petitioners are omnibus and general and the husband has been released on bail and regard being had to the fact that the charge-sheet has already been filed, we are of the view that custodial interrogation of the petitioners is not necessary.

5. Accordingly, we direct that in the event of arrest, the petitioners namely, Bhagirath Jana and Anita Jana, shall be released on bail Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 3 rd of October 2024 07:14:18 PM

upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C., 1973 corresponding to Section 482(2) of the BNSS, 2023.

6. It is also directed that the petitioners shall appear before the learned Additional Chief Judicial Magistrate, Contai, Purba Medinipur in connection with G.R. Case No.43 of 2024 by 8th October, 2024.

7. Accordingly, the application for anticipatory bail is disposed of.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 3 rd of October 2024 07:14:18 PM